The man accused of murdering former Saints DE Will Smith is going to trial

Cardell Hayes will go to trial for the shooting death of former New Orleans Saints player Will Smith on Dec. 1, roughly three months after the trial was initially scheduled. The case took many turns in court since April before parties could agree on a date.

The trial had been set to take place in September after a summer of motions hearings. The date was first delayed after Hayes’ lead attorney, John Fuller, placed a bid to recuse Leon Cannizzaro’s District Attorney’s Office from handling the case, arguing that Cannizzaro’s animosity toward him showed a “personal interest” and that his client wouldn’t be prosecuted fairly.

Criminal District Court Judge Camille Buras blocked the motion and delayed the trial six weeks to Nov. 2. When it was discovered a potential key witness for the trial would be out of town during the proposed November court date, the trial was pushed back to the agreed date of Dec. 1.

On the night of the shooting, April 9, Smith and a group of friends were at Sake Cafe on Magazine Street before heading into downtown New Orleans. A small accident occurred involving separate vehicles driven by Hayes and Smith, and when Hayes pulled over, Smith allegedly sped away.

Hayes then made a 911 call to report the accident (tapes have never been played in court) and followed Smith’s vehicle, resulting in another crash. According to Hayes’ statement on the night of the killing, multiple people left their vehicles and saw Smith attack Hayes, who left his orange Hummer with a revolver in his palm.

Smith then allegedly went to retrieve his weapon. Smith’s wife, Racquel, had been with Smith, and pleaded for the altercation to cease. Smith was dead within the next minute and slumped over the driver’s seat of his SUV.

Smith, whose blood alcohol level was three times the legal driving limit that night, will have his arrest record excluded during the trial after a motion was filed and granted to Jason Napoli, a prosecutor for the case. Smith was indicted, but never convicted, on charges of domestic abuse battery and public intoxication in 2010, when he allegedly dragged his wife down a street by her hair in Lafayette, La.

Hayes, 29, is charged with second-degree murder, which carries a life sentence. He is also charged with attempted murder on Racquel Smith, aggravated assault with a firearm, and aggravated criminal damage to property.

Hayes shot Will Smith eight times, seven in the back, that night. Racquel Smith was shot twice during the altercation, once in each leg. It has not been said who shot Racquel or how she was injured that night. Hayes’ attorneys have said their client was acting in self defense.

On Wednesday, Judge Buras ordered a copy of cell phone video recorded during the shooting be turned over to prosecutors. In return, prosecutors gave the defense seven reports from the FBI investigation of the case.

Jury questionnaires will be finalized by Nov. 7 and mailed to potential jurors in New Orleans. Because of the publicity around the case, jury selection will draw from a larger panel and will take two days. Judge Buras said during the summer that she didn’t expect the trial to last longer than two weeks.